Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, 2011 in a personal injury action.
Jones v City of Buffalo School Dist.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 20, 2012
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.
The order denied the motion of claimant to renew her prior application for leave to serve a late notice of claim.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Claimant appeals from an order denying her motion to renew a prior application for leave to serve a late notice of claim. It is well settled that "[a] motion for leave to renew shall be based upon new facts not offered on the prior [application] that would change the prior determination' . . ., and shall contain reasonable justification for the failure to present such facts on the prior [application]' " (Doe v North Tonawanda Cent. School Dist., 91 AD3d 1283, 1284). Here, "[t]he motion to renew was properly denied [inasmuch as claimant] failed to offer a valid excuse for failing to submit the new material on the original [application]" (Linden v Moskowitz, 294 AD2d 114, 116, lv denied 99 NY2d 505; see Schilling v Malark, 13 AD3d 1153, 1154). Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court
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